Abstract :
This demonstrates that a Catholic spouse is lawfully able to separate by his or her own authority (propria auctoritate) in the case of certain adultery without having to have any recourse to the ecclesiastical authorities. It begins with an historical introduction in which the history of the development of the juridic institute of separation of spouses is revealed. Separation propria auctoritate was certainly the practice in the early Church. However, as the Church gained jurisdiction over marriage, separation was deemed to be within the sole competence of the ecclesiastical authorities. Nevertheless, the practice of separation propria auctoritate remained and was even incorporated into the canonical doctrine in the case of adultery and danger of delay. After the Second Vatican Council, a pastoral approach to separation came to dominance which sought to eliminate the harsh and even penal character of separation. With the 1983 codification of canon law, this pastoral approach made the nature of separation propria auctoritate unclear. Through an analysis of the discussions of the coetus for the revision of the law, it can be demonstrated that the 1983 CIC did not substantially change the institute of separation. In fact, separation propria auctoritate in the case of adultery is a private juridic act which suspends the rights and obligations of marriage. Therefore, no ecclesiastical decree or sentence is required. Nevertheless, the 1983 CIC requires the permission of the diocesan bishop before the spouses can approach the civil forum for a divorce.